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U.S. v. FRANK

Crim. A. No. 87-226.

682 F.Supp. 815 (1988)

UNITED STATES, Plaintiff, v. Alan FRANK, Defendant.

United States District Court, W.D. Pennsylvania.

March 30, 1988.

Attorney(s) appearing for the Case

Jeffrey A. Manning, Asst. U.S. Atty., Pittsburgh, Pa., for U.S.

Alan Frank, pro se.

W. Penn Hackney, Pittsburgh, Pa., for Alan Frank.

OPINION

ZIEGLER, District Judge.

I. History of Case

Pending before the court are the constitutional challenges of defendant, Alan Frank, to the Sentencing Reform Act of 1984, 28 U.S.C. §§ 991-98 (1987), and the guidelines promulgated by the United States Sentencing Commission. We agree with defendant that the sentencing guidelines mandate a procedure that violates the Due Process Clause of the Fifth Amendment because it unduly...

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